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PCN Code 83 - parked without pay & display ticket - Enfield
cc120
post Wed, 17 Feb 2021 - 15:52
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Though already a bit of a mish mash, I wondered if there were better grounds for appeal in this case which I haven't posted previously.

Summary:
£40 PCN for parking without pay and display ticket.
The first appeal, not worth mentioning the contents as the Council did not recognise it as an appeal as valid details were not included.
Therefore, with Notice to Owner doubled to £80.
Sent off an appeal (04 February 2021) on grounds of no physical address included on PCN nor NTO, which could accept postal payment.
This was kindly composed by PASTMYBEST, for a different case he helped me with.

Please find this appeal below images.

PCN Front only - do not have access to back
1 page Notice to Owner
2 page Notice to Owner
3 page Notice to Owner
4 page Notice to Owner
1a Council photo SIGN
2a Council photo
3a Council photo
4a Council photo
5a Council photo
6a Council photo
7a Council photo

Appeal after NTO received - 04 February 2021

'That the penalty charge exceeds the relevant amount in the circumstances of the case

The governing regulations in this case is The London local authorities and transport for London act 2003 at regulation 4(8) the regulation sets out the information that must be conveyed by the PCN.
At 4(8)(vii) they state the address to which payment of the penalty charge must be sent;
This PCN lists a telephone number and also a website. It does not list an address to which a payment may be sent.
It may be that the council or their contractors NSL do not want to process cheques or other postal or indeed personal payment. The regulations however require that the provide an address to which payment may be sent.

There is good reason for this . Firstly not everyone has access to the internet or feels comfortable entering their personal details onto a website. Not every one is able to make or feels comfortable making a payment by telephone. Many people prefer that they use the perhaps old fashioned method of cash or cheque. Indeed the law supports them in this, for whilst the council are under no legal authority to accept a cheque they are under an obligation to accept legal tender in settlement of a debt.

In [2011] EWHC 295 (Admin) The honourable Mr justice Burnett said at paragraph 28
“Mr Coppel (council for the authority) submits that the only form of payment that the Council are obliged to accept as a matter of law is cash in legal tender, unless they agree otherwise. As a matter of strict theory that may be right,
Although he goes on to say that if this was the only method of payment the council might be challenged on rationality He does acknowledge the legal position

I submit that the regulations were properly drafted to reflect this position and the omission of an address to which payment can be sent renders the PCN flawed and inadequate to enforce a penalty
On the 24th of April 2019, adjudicator Petra Mcfatridge adjudicated appeal number GP00287-1812 in a case against Glasgow city council. Although the case deals with s.66 of the Road Traffic Act 1991, the wording and meaning of the relevant subsection insofar as it relates to my case is exactly the same. She found that the provision of only a website URL and phone number for payment is insufficient to comply with the legislation:
“In my view and in the absence of any further explanation I consider that this refers to a postal address because it is not possible to send payment to a web address. It is only possible to send payment to a postal address. One can make payment via a web address if this provides a payment mechanism, but this in my view clearly is not the requirement stated in S 66 (3) as stated above.”

I submit that compliance with the law both the common law and the 2003 regulations require a physical address be given within the PCN. In not doing so the councils document is flawed and enforcement cannot continue on the back of it'

This post has been edited by cc120: Wed, 17 Feb 2021 - 15:55
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post Wed, 17 Feb 2021 - 15:52
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cc120
post Tue, 25 May 2021 - 07:42
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QUOTE (Incandescent @ Fri, 21 May 2021 - 09:55) *
Don't often see Ms Brennans name mentioned here, but it appears she has completely ignored the list of mandatory items that a PCN must contain. You can request a review, but I suspect you'll get the Bum's Rush. It does look as if London Tribunal are clamping down on "technical" appeal arguments.

Thank you Incandescent. I advised the driver to pay the fine.

QUOTE (cp8759 @ Sun, 23 May 2021 - 11:59) *
QUOTE (Incandescent @ Fri, 21 May 2021 - 09:55) *
Don't often see Ms Brennans name mentioned here, but it appears she has completely ignored the list of mandatory items that a PCN must contain.

What mandatory items were missing?

I can only see that some nonsense argument was put forward about payment methods, when none are specified in law for parking PCNs.

Hi cp8759. Do you think there is any point in carrying on? I have advised the driver to pay the fine.
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cp8759
post Sat, 29 May 2021 - 11:58
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QUOTE (cc120 @ Tue, 25 May 2021 - 08:42) *
Hi cp8759. Do you think there is any point in carrying on? I have advised the driver to pay the fine.

Carrying on with what? I gave you my considered opinion in post 6 http://forums.pepipoo.com/index.php?s=&...t&p=1618714 and if that advice had been taken, the driver would have saved themselves £40.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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cc120
post Sat, 29 May 2021 - 16:01
Post #63


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From: north london
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QUOTE (cp8759 @ Sat, 29 May 2021 - 12:58) *
QUOTE (cc120 @ Tue, 25 May 2021 - 08:42) *
Hi cp8759. Do you think there is any point in carrying on? I have advised the driver to pay the fine.

Carrying on with what? I gave you my considered opinion in post 6 http://forums.pepipoo.com/index.php?s=&...t&p=1618714 and if that advice had been taken, the driver would have saved themselves £40.

Hi cp8759, the fine had already risen to £80 when I first heard of the case and posted on here.
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cp8759
post Thu, 3 Jun 2021 - 16:42
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QUOTE (cc120 @ Sat, 29 May 2021 - 17:01) *
QUOTE (cp8759 @ Sat, 29 May 2021 - 12:58) *
QUOTE (cc120 @ Tue, 25 May 2021 - 08:42) *
Hi cp8759. Do you think there is any point in carrying on? I have advised the driver to pay the fine.

Carrying on with what? I gave you my considered opinion in post 6 http://forums.pepipoo.com/index.php?s=&...t&p=1618714 and if that advice had been taken, the driver would have saved themselves £40.

Hi cp8759, the fine had already risen to £80 when I first heard of the case and posted on here.

Fair enough, well unfortunately the fact remains that this was always a hopeless case, sorry but it is what it is.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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cc120
post Fri, 4 Jun 2021 - 14:48
Post #65


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From: north london
Member No.: 41,774



QUOTE (cp8759 @ Thu, 3 Jun 2021 - 17:42) *
QUOTE (cc120 @ Sat, 29 May 2021 - 17:01) *
QUOTE (cp8759 @ Sat, 29 May 2021 - 12:58) *
QUOTE (cc120 @ Tue, 25 May 2021 - 08:42) *
Hi cp8759. Do you think there is any point in carrying on? I have advised the driver to pay the fine.

Carrying on with what? I gave you my considered opinion in post 6 http://forums.pepipoo.com/index.php?s=&...t&p=1618714 and if that advice had been taken, the driver would have saved themselves £40.

Hi cp8759, the fine had already risen to £80 when I first heard of the case and posted on here.

Fair enough, well unfortunately the fact remains that this was always a hopeless case, sorry but it is what it is.

Yes, so it seems.
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